SAN JOAQUIN COUNTY
TERMS AND CONDITIONS
GENERAL: The Property is sold and conveyed to the buyer USED, "AS IS, WHERE IS". The County of San Joaquin, as Seller, hereby expressly disclaims all warranties, either express or implied, including implied warranty of merchantability or fitness for a purpose, and neither assumes nor authorizes other person(s) to assume for it, any liability in connection with the sale of said Property. There are no guarantees, express or implied as to condition, usability, merchantability, or fitness for a particular purpose. Property sold is not subject to any breach of guarantee, specifications, warranties, express or implied, as to the quality or kind of any such product.
Minimum bid amounts, when indicated, shall be applicable. The County of San Joaquin reserves the right to accept or reject any or all auction bids or any part of any auction bid. San Joaquin County is not responsible for any omissions or errors in the description of items being offered for sale.
All sales are final. Under no circumstances will a refund or adjustment be made due to the property failing to meet buyer's expectations.
No Description Warranty: San Joaquin County is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
Consideration of Bid: San Joaquin County reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns, that bidder shall indemnify and hold San Joaquin County, its officers, agents and employees harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item including claims for personal or bodily injury, death or contract damages.
VIEWING OF AUCTION ITEMS: By appointment only.
RECIEPT OF ITEM: Pick-up by appointment only. The successful bidder will be responsible for removal of items purchased. Item(s) will not be released until full payment is received. The successful bidder will be responsible for any cost of shipping item(s) purchased. The County is not equipped for shipping. Items are available for local pick up only.
Payment
PayMac, collects all payments for The County of San Joaquin. Payment for an awarded item must be received within 5 business days of close of auction. Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
Payment by Credit Card
Login to the Public Surplus site. Click on "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "Pay Online" link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared. We accept all major credit cards, PayPal and e-Checks.
Wire Transfers:
For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
Bid Deposits. The County of San Joaquin may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
Buyers Premium: A 10% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
State/Local Sales and/or Use Tax. The County of San Joaquin will collect sales tax, on non-vehicles if applicable, unless the buyer has provided a valid tax-exempt certificate to The County of San Joaquin prior to payment.
TITLE: Title shall pass to buyer when full and satisfactory payment is made. Risk of loss or damage to property passes to buyer upon receipt by buyer at County's location or when buyer begins the removal of property from the County location whichever occurs first.
PERMITS AND AUTHORIZATIONS REQUIRED BY LAW: buyer represents that they possess all necessary permits and authorizations required to disassemble, remove, transport, resell or otherwise [properly dispose of the property being acquired. Buyer agrees to comply with all applicable Federal, State, and local laws, regulations and ordinances, including but not limited to the Export of Technical data, insofar as they relate to buyers performance.
INSURANCE REQUIREMENTS:
You can view San Joaquin Countys insurance requirements by going to:
http://www.sjgov.org/SupportServ/dynamic_collections.aspx?id=2918
CARB REQUIREMENTS
California Air Resources Board (C.A.R.B.) regulations apply to certain diesel powered equipment . Please see attached regulations. Excerpt from REGULATION FOR IN-USE OFF-ROAD DIESEL VEHICLES, ñWhen operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm